Separation and Divorce
1. Separation:
Couple decides to live apart for a period of time.
Cooling – off period.
Couple is still legally married and can get back together at
any time.
Couple may wish to file for a Separation Agreement:
Legal document that establishes alimony, child support,
and division of property during the separation.
Once signed by both parties it becomes a legal contract.
2. Divorce:
A court order that legally ends a marriage.
Once the divorce is final, the partners can remarry.
Today about ½ of all marriages end in divorce.
Divorce is expensive.
Legal fees / Alimony / Child Support / Loss of Property
Fault Divorces:
Most states require a reason for the divorce.
Adultery: An affair.
Desertion: Leaving ones spouse with no
intention of returning.
Mental Cruelty: Behavior that makes normal
married life impossible.
Physical Cruelty: Acts of abuse.
Insanity: Mental Illness.
No-Fault Divorce:
Irreconcilable Differences: Marriage had completely
broken down and the couple can do nothing to repair it.
3. Child Custody:
Joint Custody
Sole Custody
The Tender Year Doctrine: Young children are better
off with their mothers.
Best Interest of The Child: Courts are moving toward
getting the opinion of the
child.